SHARAD YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The present revision petitions are directed against the order dated 1.8.1997 passed by Shri V.B. Gupta, Special Judge, Delhi in C.C. No. 44/96 directing to frame charges under Section 120-B Indian Penal Code and under Sections 7/11/12/13(2) read with Section 13(1)(d) of the Prevention of Corruption Act against the petitioners. By this order, I propose to dispose of these revision petitions.

(2.) A short conspectus of the case is that during the years 1988 to 1991, three brothers namely the accused S.K. Jain, B.R. Jain and N.K. Jain entered into a criminal conspiracy among themselves, the object of which was to receive unaccounted money and to disburse the same to their companies, friends, close relatives, highly placed officials and prominent political leaders of the country. In pursuance of the said conspiracy, the accused S.K. Jain, allured certain influential public servants, political leaders of high status including some ministers and Govt. organisations in the power and steel sectors of the Govt. of India to award contracts to different foreign bidders with the motive of getting illegal kickbacks from them. During the aforesaid period, the accused S.K. Jain, B.R. Jain and N.K. Jain received huge amounts, major portion of which came from foreign countries through hawala channels as kickbacks. An account of receipts and disbursements of the tainted monies was maintained by the accused J.K. Jain in the diaries. The accused J.K. Jain was an employee of the said Jain brothers. On 3.5.1991, the CBI searched the premises of J.K. Jain at G-36, Saket, New Delhi in connection with the investigation R.C. Case No. 5(S)/91, SIU (B)/CBI/New Delhi and recovered besides other articles and documents, two diaries, two small note books and two files containing details of receipts of various amounts from different sources recorded in abbreviated forms of digits and initials and details of payment to various persons recorded in similar fashion. According to the prosecution case, the Jain brothers and their employee J.K. Jain had acted as middlemen in the award of certain big projects in the power and steel sectors of the Govt. of India to different bidders; that they had surreptitious dealings with politicians and influential public servants whose names were recorded in the diaries and the files and that some of them had accepted illegal gratification from Jains brothers as reward for giving them and the companies they own and manage various contracts. The petitioner Shri Sharad Yadav, who was a member of Lok Sabha and Rajya Sabha from 5.7.1986 to 13.3.1991 and a Union Minister from 6.12.1989 to 10.11.1990, also received Rs. 5 lacs from Jain brothers by way of illegal gratification. On such revelation, the CBI registered a case R.C-1(A)/25-4 CU (vi). Investigation pursuant to the said FIR culminated into submission of a charge- sheet under Section 120-B Indian Penal Code read with Sections 7/11/12/13(2)/13/(1)(d) of the Prevention of Corruption Act against the petitioners.

(3.) On consideration of the material collected by the CBI, and after hearing the submissions of the parties, the learned Special Judge directed framing of charges under Sections 7/11/12/13(2)/13/(1)(d) of the Prevention of Corruption Act read with Section 120-B Indian Penal Code against the petitioners vide orders dated 1.8.1997. Feeling aggrieved by the said order, the petitioners have come up in revision before this Court.